The Ohio State University Moritz College of Law June 2014
ADR @ Moritz

Professor Rogers Highlights Dispute Resolution Design in Spring Schwartz Lecture

In her March 25, 2015 Schwartz Lecture – titled Reducing Polarization: Whose Job Is It? – Professor Nancy H. Rogers examined a series of conflicts from around the country and suggested that public institutions think carefully about designing responsive and lasting resolution processes for polarized, public conflicts.

She began her lecture with an examination of the U.S. Department of Justice’s Community Relations Service (CRS), emphasizing that CRS intervenes with more success when it receives help at the local level. She went on to discuss interventions in Sanford, Florida in the aftermath of the Trayvon Martin shooting; town-and-gown conflicts between Frostburg State University and Frostburg, Maryland; land and water use conflicts around the Snake River, Idaho; and federal land use disputes in Catron County, New Mexico.

Professor Rogers asked six key questions in her analysis.

First, are public officials making key decisions with the input of someone experienced in intervening in situations (an “intervenor”)?

Second, is the public institution held accountable while still protecting the intervenor from influential interests?

Third, can the public institution maintain a culture of flexibility in dealing with conflicts?

Fourth, can the public institution bring the key parties into the process?

Fifth, can the public institution manage the intervention without compromising its other roles?

Sixth, can the public institution provide continuing resources to deal with the causes of the conflict?

Readers can access a recording and related slide show of Professor Roger’s speech on the Moritz College of Law website.

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Erin Archerd
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The Caucus, the newsletter published by the Moritz Program on Dispute Resolution, is designed to share ADR news with the Moritz community and beyond, as well as provide Moritz students with information regarding externship and employment opportunities. Questions regarding this publication should be directed to Erin Archerd, Langdon Fellow in Dispute Resolution.